‘Supplement’ On CBD Product Label A Bullseye For US Litigants, Says Attorney
Two CBD marketers warned by FDA in a recent crackdown are targeted in class action complaints alleging they made unsubstantiated health claims and mislabeled ‘illegal drug’ products as supplements. Complaints are a wake-up call to CBD wellness industry to ensure claims are substantiated, as the class action bar is on the prowl following the agency’s 15 warning letter blast in November.
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California federal courts have shown themselves receptive to proposed class actions alleging that purported cosmetics carrying unapproved drug claims violate the state’s Unfair Competition Law. Plaintiffs now are testing similar theories in suits against marketers of CBD-infused topical products.
The agency announces that it cannot conclude cannabidiol is GRAS, potentially heading off GRAS notifications and making NDI notifications a likelier future for CBD use in the supplement sector if any “lawful pathway” is to be found. In addition to a barrage of warning letters to marketers of CBD products, the FDA issued a stark warning to consumers about potential hazards.
In addition to FDA and FTC attention, pediatric claims by Rooted Apothecary could get attention of US lawmakers, who FDA is asking to authorize it to more directly enforce against adulterated supplements. Violative claims include “Increasing evidence suggests that CBD oil is a powerful option for pain and autism. It seems like an attractive and safe option for children.”